Whether to go abroad for labor service during the period of obtaining a guarantor pending trial
Lawyer's analysis:
Accepted on Obtaining a guarantor pending trial During this period, it is expected that such personnel will not be able to obtain labor permits for going abroad. According to relevant laws statute The criminal or defendant who has been released on bail must comply with the following restrictive provisions: First of all, without the explicit approval of the executive organ, they shall not leave the area where they originally resided; Secondly, if there is any change in his address, work unit, contact information and other important information, he shall inform the executive authority in a timely manner within 24 hours; Third, receive Subpoena Be sure to appear in court on time; In addition, avoid any possible interference witness The act of giving testimony; At the same time, destroy and tamper evidence Or colluding with confessions.
Legal basis:
Article 71 of the Criminal Procedure Law
A criminal suspect or defendant who has obtained a guarantor pending trial shall comply with the following provisions:
（1） Not to leave the city or county where they live without the approval of the executive organ;
（2） If there is any change in the address, work unit or contact information, a report shall be made to the executing organ within 24 hours;
（3） Arrive at the case in time when being summoned;
（4） Do not interfere with the witness in any form;
（5） They shall not destroy or forge evidence or collude with others.
The People's Court, the People's Procuratorate and the public security organ may, according to the circumstances of the case, order the criminal suspect or defendant who has obtained a guarantor pending trial to observe one or more of the following provisions:
（1） Do not enter specific places;
（2） Not to meet or communicate with specific personnel;
（3） Do not engage in specific activities;
（4） The exit and entry certificates such as passports and driving certificates shall be handed over to the executive organ for preservation.
If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding two paragraphs and has paid the security deposit, part or all of the security deposit shall be confiscated, and according to the circumstances, the criminal suspect or defendant shall be ordered to sign a statement of repentance, pay the security deposit again, provide a guarantor, or be placed under residential surveillance or arrested.
If it is necessary to arrest a person who violates the provisions on obtaining a guarantor pending trial, the criminal suspect or defendant may be detained first.
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